A-72714, MARCH 27, 1936, 15 COMP. GEN. 866

A-72714: Mar 27, 1936

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1936 THE APPROPRIATION FOR PAYMENT OF SALARIES OF GOVERNMENT PRINTING OFFICE EMPLOYEES FOR THE FISCAL YEAR 1936 IS AVAILABLE FOR PAYMENT OF SALARIES OF SUCH EMPLOYEES DURING PERIODS OF SICK LEAVE OF ABSENCE GRANTED PURSUANT TO AND WITHIN THE LIMITATIONS OF THE ACT OF MARCH 14. THE SETTING UP OF 15 DAYS' SICK-LEAVE CREDIT AT THE BEGINNING OF THE LEAVE YEAR FOR USE AS NEEDED IS NOT AUTHORIZED UNDER SECTION 2 OF THE ACT OF MARCH 14. NONWORK DAYS ARE CHARGED AS SICK LEAVE UNDER THE ACT OF MARCH 14. WHETHER COMPENSATION IS PAID ON AN HOURLY. SUCH DAYS ARE EXCLUDED WHEN IMMEDIATELY PRECEDING OR FOLLOWING A PERIOD OF SICK LEAVE IF THE EMPLOYEE WAS IN A PAY STATUS IMMEDIATELY PRIOR TO OR IMMEDIATELY FOLLOWING SUCH SUNDAY.

A-72714, MARCH 27, 1936, 15 COMP. GEN. 866

LEAVES OF ABSENCE - SICK - GOVERNMENT PRINTING OFFICE - ACT OF MARCH 14, 1936 THE APPROPRIATION FOR PAYMENT OF SALARIES OF GOVERNMENT PRINTING OFFICE EMPLOYEES FOR THE FISCAL YEAR 1936 IS AVAILABLE FOR PAYMENT OF SALARIES OF SUCH EMPLOYEES DURING PERIODS OF SICK LEAVE OF ABSENCE GRANTED PURSUANT TO AND WITHIN THE LIMITATIONS OF THE ACT OF MARCH 14, 1936, 49 STAT. 1162. UNDER THE ACT OF MARCH 14, 1936, 49 STAT. 1162, SICK LEAVE OF ABSENCE MAY BE SUBSTITUTED FOR LEAVE WITHOUT PAY OR ANNUAL LEAVE TAKEN BY GOVERNMENT PRINTING OFFICE EMPLOYEES BECAUSE OF SICKNESS BETWEEN JANUARY 1 AND MARCH 14, 1936, ONLY TO THE EXTENT OF SICK LEAVE ACCUMULATED FROM JANUARY 1, 1936, TO DATE OF RETURN TO DUTY FOLLOWING THE PERIOD OF ABSENCE AT THE RATE OF 1 1/4 DAYS PER MONTH. THE SETTING UP OF 15 DAYS' SICK-LEAVE CREDIT AT THE BEGINNING OF THE LEAVE YEAR FOR USE AS NEEDED IS NOT AUTHORIZED UNDER SECTION 2 OF THE ACT OF MARCH 14, 1936, 49 STAT. 1162, SICK LEAVE GRANTED THEREUNDER BEING WITHOUT REGARD TO THE LEAVE YEAR AND ON THE BASIS OF 1 1/4 DAYS PER MONTH. SUNDAYS, HOLIDAYS, AND NONWORK DAYS ARE CHARGED AS SICK LEAVE UNDER THE ACT OF MARCH 14, 1936, 49 STAT. 1162, WHETHER COMPENSATION IS PAID ON AN HOURLY, DAILY, OR OTHER BASIS, BUT SUCH DAYS ARE EXCLUDED WHEN IMMEDIATELY PRECEDING OR FOLLOWING A PERIOD OF SICK LEAVE IF THE EMPLOYEE WAS IN A PAY STATUS IMMEDIATELY PRIOR TO OR IMMEDIATELY FOLLOWING SUCH SUNDAY, HOLIDAY, OR NONWORK DAY.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, MARCH 27, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 21, 1936, AS FOLLOWS:

THE APPROVAL OF THE ACT OF MARCH 14, 1936, PUBLIC 472, 74TH CONGRESS, THE PURPOSE OF WHICH IS TO STANDARDIZE SICK LEAVE AND EXTEND IT TO ALL CIVILIAN EMPLOYEES, RAISES MANY QUESTIONS IN THE GOVERNMENT PRINTING OFFICE.

THE FIRST QUESTION TO BE CONSIDERED IS THE AVAILABILITY OF THE APPROPRIATION FOR THE FISCAL YEAR 1936 FOR THE PAYMENT OF SICK LEAVE, IN VIEW OF THE FACT THAT IT DOES NOT SPECIFICALLY SO PROVIDE. SICK LEAVE IS NOT MENTIONED IN THE LEGISLATIVE APPROPRIATION ACT FOR 1936 FOR THE REASON, OF COURSE, THAT PRIOR TO THE PASSAGE OF THE ACT OF MARCH 14, 1936, NO SEPARATE PROVISION WAS MADE FOR SICK LEAVE FOR EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE. THE APPROPRIATION IS AVAILABLE, OF COURSE, FOR MANY THINGS NOT SPECIFICALLY MENTIONED THEREIN, AND IN VIEW OF THE PURPOSE OF THE ACT--- WHICH IS TO EXTEND SICK LEAVE TO ALL CIVILIAN EMPLOYEES FROM JANUARY 1, 1936--- I FEEL THAT IT IS AVAILABLE FOR THE PAYMENT OF THE LEAVE IN QUESTION, AS IT WOULD SEEM THAT ANY APPROPRIATION WHICH IS AVAILABLE FOR THE PAYMENT OF SALARIES WOULD BE AVAILABLE TO PAY THOSE EXCUSED UNDER THE ACT FOR THE PERIOD OF TIME SO EXCUSED.

OTHER QUESTIONS ON WHICH I NEED YOUR ADVICE ARE:

1. MAY AN EMPLOYEE WHO WAS ABSENT FROM THE OFFICE ON ACCOUNT OF SICKNESS FOR ANY PERIOD BETWEEN JANUARY 1 AND MARCH 14, 1936, BE REIMBURSED FOR SUCH TIME AS WAS CHARGED TO LEAVE WITHOUT PAY, PROVIDED, OF COURSE, THAT SUCH TIME DOES NOT EXCEED THE TIME ALLOWED BY THE ACT AND THAT THE DAYS FOR WHICH HE IS REIMBURSED ARE CHARGED TO HIS SICK LEAVE ACCOUNT?

2. MAY AN EMPLOYEE WHO WAS CHARGED WITH ANNUAL LEAVE FOR TIME LOST ON ACCOUNT OF SICKNESS BETWEEN JANUARY 1 AND MARCH 14, 1936, HAVE SUCH CHARGE CHANGED TO SICK LEAVE PROVIDED, OF COURSE, THAT HE IS OTHERWISE ENTITLED TO SICK LEAVE?

3. IS AN EMPLOYEE ENTITLED TO MORE SICK LEAVE THAN HE HAS ACCRUED AT THE RATE OF ONE AND ONE-QUARTER DAYS A MONTH, WITHOUT THE SPECIAL APPROVAL PROVIDED FOR IN SECTION 3 OF THE ACT, OR MAY 15 DAYS BE SET UP AT THE BEGINNING OF THE YEAR TO THE EMPLOYEE'S CREDIT TO BE TAKEN AS NEEDED DURING THE LEAVE YEAR?

4. ARE EMPLOYEES ON AN HOURLY OR PER DIEM BASIS TO BE CHARGED FOR SUNDAYS, HOLIDAYS, AND NON-WORKING DAYS FALLING WITHIN THE PERIOD OF ABSENCE, OR ARE THEY TO BE CHARGED ONLY FOR THE DAYS FOR WHICH THEY OTHERWISE WOULD HAVE WORKED? TO ILLUSTRATE: (1) AN EMPLOYEE PAID ON AN HOURLY BASIS UNDER THE 40-HOUR WEEK LAW WORKING 8 HOURS A DAY FOR 5 DAYS A WEEK--- MONDAY TO FRIDAY, INCLUSIVE--- GOES ON SICK LEAVE AT NOON FRIDAY AND REPORTS FOR WORK AT THE BEGINNING OF HIS TOUR OF DUTY TUESDAY HAS ACTUALLY LOST ONE AND ONE-HALF DAYS' WORKING TIME. HOW MUCH SICK LEAVE WOULD HE BE CHARGED WITH? (2) IN VIEW OF THE SPECIFIC PROVISION OF LAW THAT HOURLY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE SHALL BE PAID FOR ALL LEGAL HOLIDAYS, SHOULD SUCH HOLIDAYS FALLING WITHIN A PERIOD OF ABSENCE ON ACCOUNT OF SICKNESS BE CHARGED TO SICK LEAVE?

5. WHAT DEDUCTIONS ARE TO BE MADE FROM ACCRUING SICK LEAVE IN CASES OF ABSENCE WITHOUT PAY, AND WHAT IS THE MINIMUM PERIOD OF TIME WITHOUT PAY TO BE TAKEN INTO CONSIDERATION IN REDUCING THE AMOUNT OF SICK LEAVE TO WHICH THE EMPLOYEE IS ENTITLED, AND THE RATE AT WHICH THE ACCRUING SICK LEAVE IS TO BE REDUCED?

6. WHEN CONGRESS ADJOURNS IT IS HOPED THAT THE CONDITION OF THE WORK WILL PERMIT THE RETURN TO THE 8-HOUR 5-DAY WEEK IN LIEU OF THE 6 DAY WEEK NOW SPREAD OVER 5 SEVEN-HOUR DAYS--- MONDAY TO FRIDAY, INCLUSIVE--- WITH 5 HOURS ON SATURDAY. WILL THIS RETURN TO THE 8-HOUR DAY 5-DAY WEEK HAVE ANY EFFECT ON THE ACCRUING OR GRANTING OF SICK LEAVE, HAVING IN MIND PARTICULARLY THE CHARGE TO BE MADE FOR THE 5 HOUR SATURDAY?

YOUR ASSISTANCE IN CLEARING UP THESE QUESTIONS, RECEIVED IN TIME TO PREPARE THE PAY ROLL FOR THE PERIOD ENDING MARCH 31, WILL BE GREATLY APPRECIATED.

YOUR CONCLUSION THAT THE APPROPRIATION FOR THE PAYMENT OF SALARIES OF EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE IS AVAILABLE TO PAY SALARIES DURING PERIODS OF SICK LEAVE GRANTED PURSUANT TO AND WITHIN THE LIMITATIONS OF THE ACT OF MARCH 14, 1936, 49 STAT. 1162, IS CORRECT.

SECTIONS 2 AND 3 OF THE ACT IN QUESTION PROVIDE AS FOLLOWS:

SEC. 2. ON AND AFTER JANUARY 1, 1936, CUMULATIVE SICK LEAVE WITH PAY, AT THE RATE OF ONE AND ONE-QUARTER DAYS PER MONTH, SHALL BE GRANTED TO ALL CIVILIAN OFFICERS AND EMPLOYEES, THE TOTAL ACCUMULATION NOT TO EXCEED NINETY DAYS. TEMPORARY EMPLOYEES, EXCEPT TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES, SHALL BE ENTITLED TO ONE AND ONE- QUARTER DAYS SICK LEAVE FOR EACH MONTH OF SERVICE: PROVIDED, THAT ALL SUCH EMPLOYEES SHALL FURNISH CERTIFICATES SATISFACTORY TO THE HEAD OF THE APPROPRIATE DEPARTMENT OR INDEPENDENT ESTABLISHMENT.

SEC. 3. ADMINISTRATIVE OFFICERS MAY ADVANCE THIRTY DAYS SICK LEAVE WITH PAY BEYOND ACCRUED SICK LEAVE IN CASES OF SERIOUS DISABILITY OR AILMENTS AND WHEN REQUIRED BY THE EXIGENCIES OF THE SITUATION.

SECTION 7 OF THE ACT PROVIDES:

SEC. 7. THE LEAVE OF ABSENCE HEREIN PROVIDED FOR SHALL BE ADMINISTERED UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, SO AS TO OBTAIN, SO FAR AS PRACTICABLE, UNIFORMITY IN THE APPLICATION OF THIS ACT.

WHILE THE PERIOD OF SERVICE FOR WHICH SICK LEAVE ACCRUES UNDER THE ACT BEGAN JANUARY 1, 1936, AS PROVIDED BY SECTION 2 OF THE ACT, THERE IS NO INDICATION THAT SECTION 3, AUTHORIZING THE ADVANCE OF SICK LEAVE BEYOND ACCRUALS NOT TO EXCEED 30 DAYS, WAS INTENDED TO OPERATE RETROACTIVELY. THEREFORE, IN ANSWER TO QUESTIONS 1 AND 2, YOU ARE ADVISED THAT SICK LEAVE OF ABSENCE--- OTHERWISE ALLOWABLE UNDER THE ACT--- MAY BE SUBSTITUTED FOR LEAVE WITHOUT PAY OR ANNUAL LEAVE TAKEN BY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE BETWEEN JANUARY 1 AND MARCH 14, 1936, ONLY TO THE EXTENT OF THE SICK LEAVE WHICH HAD ACCUMULATED FOR THE PERIOD FROM JANUARY 1, 1936, TO DATE OF RETURN TO DUTY FOLLOWING THE PERIOD OF ABSENCE AT THE RATE OF ONE AND ONE QUARTER DAYS PER MONTH.

THE ACT DOES NOT BASE THE GRANTING OF SICK LEAVE ON THE ENTIRE LEAVE YEAR AS DOES THE ACT OF THE SAME DATE, AUTHORIZING "TWENTY-SIX DAYS" ANNUAL LEAVE WITH PAY EACH CALENDAR YEAR," BUT SICK LEAVE IS GRANTED WITHOUT REGARD TO THE LEAVE YEAR "AT THE RATE OF ONE AND ONE-QUARTER DAYS PER MONTH * * * THE TOTAL ACCUMULATION NOT TO EXCEED NINETY DAYS.' ACCORDINGLY, QUESTION 3 IS ANSWERED IN THE NEGATIVE.

WITH REFERENCE TO QUESTION 4, WHILE THE ACT OF MARCH 14, 1936, 49 STAT. 1161, GRANTING ANNUAL LEAVE, PROVIDES THAT THE TIME GRANTED SHALL BE "EXCLUSIVE OF SUNDAYS AND HOLIDAYS," THE ACT HERE IN QUESTION, PROVIDING FOR SICK LEAVE, IS SILENT AS TO SUNDAYS, HOLIDAYS, AND NONWORK DAYS. THE UNIFORM RULE HAS BEEN, IN CONSTRUING LEAVE STATUTES, THAT, UNLESS THE STATUTE PROVIDES OTHERWISE, SUNDAYS, HOLIDAYS, AND NONWORK DAYS ARE INCLUDED IN THE LEAVE PERIOD, EXCEPT THAT WHEN IMMEDIATELY PRECEDING OR FOLLOWING A PERIOD OF SICK LEAVE, SUNDAYS, HOLIDAYS, AND NONWORKING DAYS ARE FOR EXCLUDING FROM SICK LEAVE IF THE EMPLOYEE WAS IN A PAY STATUS IMMEDIATELY PRIOR TO OR IMMEDIATELY FOLLOWING SUCH SUNDAY, HOLIDAY, OR NONWORKING DAY. THIS RULE IS THE SAME WHETHER EMPLOYEES ARE PAID BY THE HOUR, DAY, OR OTHERWISE. SEE 9 COMP. DEC. 24; 11 ID. 357; 13 ID. 799; 4 COMP. GEN. 51, AND 11 ID. 119. NOTE, PARTICULARLY, THE DECISION OF JULY 14, 1924, REPORTED IN 4 COMP. GEN. 51, INVOLVING CHARWOMEN PAID BY THE HOUR, WHEREIN IT WAS STATED ON PAGE 52 AS FOLLOWS:

* * * ASSUMING FOR THE PURPOSE OF ILLUSTRATION THAT THESE EMPLOYEES ARE NOT REQUIRED TO WORK ON SUNDAYS OR HOLIDAYS AND THAT THEY ARE REQUIRED TO WORK THREE HOURS ON EACH WEEK DAY EXCEPT SATURDAY, AND ONE AND ONE-HALF HOURS ON SATURDAY, THEN ONE WHO WAS ON LEAVE WITH PAY FROM JULY 1 TO 15, INCLUSIVE, WOULD BE CHARGED WITH 15 DAYS' ABSENCE IF ON SICK LEAVE AND 12 DAYS' ABSENCE IF ON ANNUAL LEAVE, AND IN EITHER CASE WOULD BE ENTITLED TO (10 BY 3 PLUS 2 BY 1 1/2 ( 33 HOURS' PAY.

QUESTION 5 IS PRIMARILY A MATTER TO BE DETERMINED BY THE REGULATIONS TO BE ISSUED BY THE PRESIDENT PURSUANT TO SECTION 7 OF THE ACT, AND NO DECISION BY THIS OFFICE WITH REFERENCE THERETO WOULD APPEAR NECESSARY OR PROPER AT THIS TIME.

REFERRING TO QUESTION 6, THE ONLY EFFECT THE PROPOSED CHANGE IN THE WORKING SCHEDULE FROM 6 TO 5 DAYS PER WEEK WILL HAVE ON THE GRANTING OF SICK LEAVE WILL BE AS TO THE AMOUNT TO BE CHARGED FOR A FRACTIONAL PART OF SATURDAY, AND NO DECISION WITH RESPECT THERETO WOULD APPEAR NECESSARY OR PROPER PENDING THE PROMULGATION OF REGULATIONS BY THE PRESIDENT PURSUANT TO SECTION 7 OF THE ACT.

Nov 22, 2017

Nov 21, 2017

  • A-P-T Research, Inc.
    We deny the protest in part and dismiss the protest in part.
    B-414825,B-414825.2

Nov 20, 2017

Nov 16, 2017

  • HBI-GF, JV
    We deny the protest.
    B-415036
  • Epsilon Systems Solutions, Inc.
    We dismiss the protest because it raises a matter of contract administration over which we do not exercise jurisdiction.
    B-414410.4

Nov 15, 2017

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